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Extended Absence Threshold for Lapsing of Indefinite Leave Under Appendix EU

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited Kingdom
Operative dateMarch 30, 2019
CategoryEligibility
Policy toolStatutory instrument
Affected groupEEA and Swiss citizens and qualifying family members holding indefinite leave under Appendix EU

Policy effect

Amended the Immigration (Leave to Enter and Remain) Order 2000 so that indefinite (unlimited) leave granted under Appendix EU lapses only after a continuous absence outside the UK and Islands of more than four years for Swiss nationals and their family members, or more than five years in all other cases, rather than the standard two years.

Conditions and exceptions

Subject to article 13C, under which periods spent outside the UK and Islands on Crown service, in the British Council as a permanent member, or in HM Forces (or accompanying such a person) do not count towards the continuous absence period.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… where the holder has unlimited leave granted by virtue of Appendix EU to the immigration rules (including unlimited leave granted by virtue of Appendix EU before this paragraph comes into force), subject to article 13C, the unlimited leave lapses if the holder stays outside the United Kingdom and Islands for a continuous period of more than— (i) four years, in the case of unlimited leave granted by virtue of Appendix EU to the immigration rules as a Swiss national or a family member of a Swiss national; (ii) five years, in all other cases;” … Commencement Information I3 Art. 8 in force at 30.3.2019, see art. 1(3) …
legislation.gov.ukSI 2019/686, Articles 1(3) and 8(3); inserting article 13(4)(za) into SI 2000/1161Open official source
Retrieved from https://legislation.gov.uk/uksi/2019/686/data.xht?view=snippet&wrap=true

Review method

Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record repair-7db09afc98396ac9e64a. Something wrong? Flag this record.

Other United Kingdom changes operative in 2019